Amend The Force Driving Act 1967 (31 Kfg Novella) And The Driver's License Law (15 Fsg Novella)

Original Language Title: Änderung des Kraftfahrgesetzes 1967 (31. KFG-Novelle) und des Führerscheingesetzes (15. FSG-Novelle)

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43. Federal Law, with which the Kraftfahrgesetz 1967 (31. KFG-Novelle) and the driving licence act (15. FSG novella)

The National Council has decided:

Article 1

Amendment of the Force Act 1967 (31. KFG-novella)

The Kraftfahrgesetz 1967, BGBl. No. 267, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. § 2 para. 1 Z 15b reads as follows:

" 15b.

A motorcycle or a motorcycle with a caravan with a caravan

a)

an engine power of not more than 35 kW and

b)

a ratio of power/unladen weight of not more than 0.2 kW/kg

which is not derived from a vehicle with more than double engine power; "

2. § 2 para. 1 Z 18 is deleted.

3. In Section 3 (2), the following shall be deleted after the word "trailer working machines" and the expression "Invalidenmotor vehicles" .

4. § 4 (7a) reads:

" (7a) In the case of motor vehicles with trailers, the sum of the total weights and the sum of the axle loads of 40 000 kg, in the run-up and follow-up traffic 44 000 kg, and in the transport of round timber from the forest or from the collection of raw milk to the nearest technically appropriate loading station, or to a processing plant, but not more than 100 km of air line, if the rear axle of the trailer is equipped with double tyres or one of the double tyres of equivalent tyres; or both vehicles have more than two axles in each case, not exceeding 44 000 kg. The maximum length of trailers with trailers shall not exceed 18,75 m, but shall not exceed 16.5 m from the semitrailer. "

5. § 6 para. 2 lit. c is deleted.

6. In § 6 (9) the term " "Invalids-and" .

7. In accordance with § 14 (6b), the following paragraph 6c is inserted:

" (6c) In the case of motor vehicles of category N2 with a maximum mass of more than 7.5 tonnes and N3 as well as special-purpose vehicles derived from such vehicles and self-proponent working machinery, conspicuous markings within the meaning of Regulation No 104 must be affixed be. On such vehicles with a

1.

Width of more than 2 100 mm must be a full-contour marking at the rear and

2.

Length of more than 6 m must be a partial contour marking on the side

should be appropriate. This does not apply to chassis with cab, incomplete vehicles and semi-trailer vehicles. If it is not possible to apply the prescribed contour marking due to the shape, structure, construction or operating conditions, a line marking may be fitted. In general, a line marking is sufficient for fire-fighting vehicles. This can also be interrupted depending on the construction of the vehicle. "

8. The following paragraphs 5 and 6 are added to § 16:

" (5) trailers of categories O2, O3 and O4 must be equipped at the rear with one or two, with a length of more than 6 m in any case, with two rear-headlamps, with which white light must be able to be emitted; they must be such that they are of such a nature, that with them, other road users cannot be blinded and only light can be emitted when the device for reversing is switched on. Rear-view headlamps are not required for trailers intended to be pulled with agricultural tractors.

(6) In the case of trailers of categories O3 and O4, conspicuous markings within the meaning of Regulation No 104 must be affixed. To such adherents with a

1.

Width of more than 2 100 mm must be a full-contour marking at the rear and

2.

Length of more than 6 m must be a partial contour marking on the side

should be appropriate. This does not apply to trailers intended to be drawn with agricultural tractors. If it is not possible to apply the prescribed contour marking due to the shape, structure, construction or operating conditions, a line marking may be fitted. In general, a line marking is sufficient for fire-fighting vehicles. This can also be interrupted depending on the construction of the vehicle. "

9. § 18 para. 2 Z 1 is deleted.

10. § 19 (1) reads:

" (1) Apart from the vehicles regulated in § 15, motor vehicles must be equipped with direction indicator lamps, the flashing lights (par. 2) are symmetrical to the median longitudinal plane of the vehicle and are mounted in such a way that at least two are visible from the front and from the rear in each case symmetrically to the median longitudinal plane of the vehicle; however, if there are compelling reasons, it may be possible to: Blind lamps shall also not be mounted symmetrically to the median longitudinal plane of the vehicle; in the case of motor vehicles of categories M and N, lateral direction indicator lamps must also be present. The flashing lights mounted on one side of the vehicle must be able to be switched on and off by the same actuating device. They may only be switched on and off if the flashing lights of the other side are switched off. The handlebar must be able to recognize from his place that the flashing lights of the vehicle he steered and of a trailer drawn with it (para. 3) are effective. "

11. § 20 para. 1 Z 4 lit. b is:

" (b)

Vehicles used in the area of military self-protection, military action and the demining service, "

12. In § 22 (6) the reference "§ 20 para. 1 lit. d" replaced by "§ 20 (1) Z 4" .

13. According to Article 24 (5), the following paragraph 5a is inserted:

" (5a) The Governor of the State shall regularly check whether the conditions for granting the authorization are still in place and whether the tests are carried out properly. It can take orders to correct defects. The orders of the Governor of the State shall be immediately appropriate. Where necessary, the exclusion of certain persons may be ordered from that activity. "

14. According to Section 24a (6), the following paragraph 6a is inserted:

" (6a) The provisions of Section 24 (5) concerning the revocation of the authorization and the provisions of Section 24 (5a) concerning the regular control by the Governor of the State and the possibility to take orders to remedy defects and, if necessary, to take certain measures to remedy the situation. The exclusion of persons from this activity shall also apply to appropriations relating to the installation and testing of speed limitation devices. "

15. In § 28a (6) the expression "96/96/EC" replaced by " 2009/40/EC, OJ L 327, 28. No. L. 141, of 6 May 2009, S 12 " .

16. In § 28b (1) and (5) the expression shall be "96/96/EC" replaced by "2009/40/EC" .

17. § 37 para. 2 lit. h is:

" h)

in the case of the vehicles subject to the periodic review, the last expert opinion issued for the vehicle in accordance with Section 57a (4), provided that a periodic review has already been issued and the opinion has not yet been issued in the Review board database according to § 57c is stored. If in the cases of Section 28a (6) or § 28b (1) and (5) the required positive opinion has been replaced by proof of a positive result of a technical investigation within the meaning of Directive 2009 /40/EC in accordance with Section 57a, the following is: This proof must be submitted and recognised if no further periodic evaluation has yet been due. In the case of a rental of the vehicle from another EU Member State, the audit report last issued in the respective Member State shall be submitted, provided that a recurring assessment has already become due. "

18. § 39 (1) reads:

" (1) Vehicles approved on condition that they are used only on certain types of roads may only be approved for certain types of roads of that type (routes); in the case of this authorisation, as far as this is concerned, in particular: Where local conditions are concerned, it is necessary to lay down the conditions required. This also applies to vehicles with an EC type-approval, the dimensions of which exceed the maximum limits laid down in Article 4 (6). Vehicles for the carriage of goods, in which only the maximum permissible gross vehicle weight or the maximum permissible axle loads or both exceed the maximum limits specified in Article 4 (7), (7a) and (8), shall be permitted in accordance with Section 37 and the restriction shall be limited to: the registration of certain road trains shall be conditional on the case that the vehicle is fully or partially loaded and, by means of the loading, the maximum limits are exceeded, in the case of vehicles used for the use of roads in the Pre-flow and post-travel traffic for the duration of use for these purposes; sensual according to the provisions of § 28 (6) of the Streu-or snow-making equipment and the maximum width of which only applies to the equipment attached to it, as referred to in § 4 (6) (2) (2) or (2) of the provisions of the Regulation on snow-making equipment. Maximum limit. "

Section 41 (3) reads as follows:

" (3) On request, two identical copies of the approval certificate shall be issued to the authorisation holder. This is to be noted on the respective two-way production, in the case of registration certificates in the chip card format, the note "second card" can be displayed legibly with the naked eye. If the registration certificate has been accepted in the cases of § 57 (8) or § 58 (1) or (2), the two-way production must no longer be used and must be delivered immediately to the authority. "

20. In § 45 (6), the term " "chassis number" the phrase "or the last seven digits of the vehicle identification number" inserted.

20a. According to § 47, the following § 47a and heading is inserted:

" National Contact Point within the meaning of Directive 2011 /82/EU

§ 47a. (1) National Contact Point pursuant to Article 4 of Directive 2011 /82/EU on the facilitation of the cross-border exchange of information on road safety related traffic offences, OJ L 327, 28.11.2011, p. No. OJ L 288, 5.11.2011, p. 1, is the Federal Minister of the Interior, who is serving the central admission process in accordance with § 47 (4). In the case of automated retrieval of Austrian authorities according to Art. 4 of Directive 2011 /82/EU from vehicle registration registers of other EU Member States, he acts as a service provider within the meaning of § 4 Z 5 Data Protection Act 2000-DSG 2000, BGBl. I n ° 165/1999, for these authorities.

(2) The national contact point shall provide the national contact points of the other EU Member States with the automatic support for the retrieval of authorisation data by means of remote data processing within the meaning of Article 4 of Directive 2011 /82/EU, respectively. § 47 (4) fourth sentence and under the conditions of the following paragraph 3. In addition to vehicle-specific data of the vehicle, the auto-supported retrieval extends to the first name, family name or surname, academic degree, date of birth and address of the approval holder, in the case of legal persons or Companies of the company's right to the company and the address.

(3) Automation-assisted calls within the meaning of paragraph 2 may only be used as a criterion for the interrogation of a particular vehicle and only for the purpose of conducting an administrative penalty procedure for the purpose of aiding one of those in Z 1. Road safety is to be carried out at risk of road traffic safety:

1.

Speeding,

2.

Failure to comply with the obligation to use the safety belt or the provisions on child protection as intended,

3.

Non-respect of the red light of a traffic light signalling system or any other relevant stop sign,

4.

Commissioning or steering of a motor vehicle in a condition affected by alcohol,

5.

Commissioning or steering of a motor vehicle in a condition affected by an addiction poison,

6.

Failure to comply with the obligation to use the crash helmet as intended,

7.

the unauthorised driving of a lane;

8.

Telephone calls during driving without using a hands-free device.

(4) Each concerned authorisation holder has the right to obtain information from the national contact point, in accordance with the provisions of Section 26 of the German Data Protection Act (DSG), on the personal data stored in the central admission price. The person concerned has been sent to the Member State of the offence, including the date of the call and the name of the national contact point of the Member State of the Member State in question.

(5) The National Contact Point shall be responsible for the complete logging of all attempts made and attempted to make it possible to determine which foreign national contact point, or Which organ walter is to be assigned to an Austrian authority which transfers from the central approval level or from the vehicle registration registers of the other EU Member States. These historical data are to be kept for three years and then deleted.

(6) The national contact point shall submit to the European Commission every two years a report within the meaning of Article 6 of Directive 2011 /82/EU. This report shall include the number of automated search requests addressed to the other contact points of the Member States, together with the nature of the offences and the number of inconclusions that result from them. Furthermore, the report also contains information on the follow-up measures taken with regard to the offences in respect of which a letter of information has been sent.

(7) The national contact point referred to in paragraph 1 shall also act as a national contact point in relation to third countries where, in intergovernmental agreements with those States, automatic calls for automation supported by the principle of reciprocity are Authorisation data has been agreed upon by the respective national contact points for the prosecution of traffic transgressions. In such cases, the provisions of paragraphs 1 to 5 shall apply mutatily and the authorities shall act in accordance with the procedure laid down in Article 84. In intergovernmental agreements, the application of this procedure may also be determined by means of traffic transgressions other than those referred to in paragraph 3 (1) to (8), and by using other query criteria. "

21. § 49 (3) Z 3 reads as follows:

" 3.

Load carriers mounted on the trailer coupling of the vehicle, removable loading cranes mounted on the rear of the vehicle or ski baskets mounted on the rear of the bus. "

22. § 49 (6) Z 2 reads:

" 2.

on motorcycles, motorcycles, motorcycles with vans, three-wheel motor vehicles without bodywork, four-wheel motor vehicles, which, in particular, have characteristics of a motorcycle by means of a handlebar, operating and display elements and bench seats, four-wheeled light-weight vehicles, self-proponent working machines with a design speed of not more than 40 km/h, tractors, transport carts, motor carts and rear trailers. "

23. In accordance with Section 57a (2a), the following paragraph 2b is inserted:

" (2b) The Bundesinnung of the Motor Vehicle Engineers shall, as a matter of the transferred sphere of action, draw up a list of the appropriate personnel and shall issue, for each suitable person, a § 57a Education Pass, which shall determine the suitability of the person and the person Completion of the necessary training. In these matters, it is bound by instructions from the Federal Minister of Transport, Innovation and Technology. The list of suitable staff may also be kept in electronic form as a database. For the purposes of the management of the appropriate persons, the following data may be processed in this database:

1.

First name, family name or surname,

2.

academic degrees,

3.

date of birth,

4.

Gender,

5.

Main residence,

6.

Occupation,

7.

Note of the respective personal qualification,

8.

Completion of the necessary training, stating the body responsible for the training.

The training bodies responsible for the training have to agree on the training of the vehicle technicians of the training courses. The Bundesinnung of the motor vehicle technicians can register the completed trainings with the respective persons themselves or transfer the entries directly to them in agreement with the leading positions. The Landeshauptmann may consult the database in proceedings pursuant to para. 2 or in the case of verifications pursuant to paragraph 2a. The data referred to under Z 1 to Z 8 can also be stored on a chip in electronic form on the image pits. By regulation of the Federal Minister of Transport, Innovation and Technology, the more detailed provisions on the form and content of the image passport and registration modalities can be set in the database. The data shall be deleted after five years from the date on which a particular person may no longer be active as an appropriate person. "

Section 57a (3) Z 2 reads as follows:

" 2.

in the case of trailers, with the exception of those according to Z 3 and historical vehicles according to Z 4, annually, "

25. § 57a (10) shall be deleted.

26. In accordance with § 57b, the following § 57c with headline is inserted:

" Review Panel Database

§ 57c. (1) Procedure and official acts pursuant to this Federal Act concerning the production, distribution and issuance of the review board chains are by means of automation-assisted data processing in the form of a central database (peer review database). The authorised manufacturers of plamanufacturers (Section 57a (7)) have to set up and carry out a central database of assessments for the assessment of the supply chain. For this purpose, the authorised manufacturers of badge manufacturers may form part of a distribution company. The authorised badge manufacturers have to finance this assessment chain database on the price of the appraisal chain.

(2) The allocation of the number circles and the review board chains is carried out via the review board database. The Federal Minister of Transport, Innovation and Technology is giving clear numbers to the authorized manufacturers of plagacs. These divide the number circles and the review board chains to the authorities. The authorities, for their part, shall distribute the numbering circuits and the assessment chains to the authorized bodies for the issue or the affixing of the review board, these authorities shall be the authorities authorised pursuant to Section 57a (2). The Federal Agency for Transport and the National Audit Office. The authorities entitled to issue or affix the review board have to state in the assessment board database which badge (number) for which specific vehicle (chassis number and license plate) is issued or to which it is attached. The vehicle has been fitted. This association can also be automatically inserted into the review board database via an interface. In addition, the respective body has to make visible all of its printed, damaged, stolen or lost inspection chains in the review board database. All lost or stolen assessments are also to be entered in the review board database.

(3) The following personal data of the parties involved in the procedure may be processed by the respective competent authorities in the context of the assessment board database:

1.

from the manufacturer of the badge authorised in accordance with Section 57a (7):

a.

The holder of the authorization, in the case of natural persons, the first name and family name and surname and the date of birth, in the case of legal persons and partnerships of the company law, the company and the first name and family name or surname of the managing director,

b.

Address,

c.

Date of commencement of empowerment, revocation,

d.

First names and family names or surnames of the persons authorized to enter the data;

2.

by the country's main men over the authorities authorized in accordance with Section 57a (2):

a.

The holder of the authorization, in the case of natural persons, the first name and family name and surname and the date of birth, in the case of legal persons and partnerships of the company law, the company and the first name and family name or surname of the managing director,

b.

Address,

c.

Evaluation report number,

d.

Data for empowerment (extent of authorisation, any conditions or deadlines, any revocation),

e.

the appropriate persons mentioned by the authorized body, with first names and family names or surnames and date of birth.

Insofar as these data have already been recorded electronically in the course of the official authorisation procedures (§ 57a paragraph 2), they can also be entered into the database via an interface.

(4) A free interface for the exchange of data is to be set up between the review panel database and the programmes for the preparation of the evaluation form sheet used in the assessment. The respective expert reports are to be transmitted online to the review board database and are stored in the database. For this purpose, the personal data contained in the opinion, such as the first name and the family name or surname and address of the authorisation holder, the name and address as well as the assessment opinion number of the authority empowered pursuant to § 57a may also be used. and first name and family name or last name of the appropriate person, and stored. If it is established that an expert opinion has been incorrectly issued, this opinion may be marked with a blocking note by the Governor of the Land.

(5) The data stored in the review board database can be used to view:

1.

the Federal Minister of Transport, Innovation and Technology for the allocation of the number circles and the anonymized vehicle-specific data, as well as the anonymized results of the assessments (identified deficiencies),

2.

the country's main men in respect of the distribution of the plaque and in proceedings pursuant to § 57a (2) or in the case of verifications of the authorized bodies pursuant to Section 57a (2a) and in the context of special examinations pursuant to § 56 or verifications on the spot in accordance with § 58,

3.

Authorities in the placard numbering circles as well as in the overview of the printed, damaged, stolen or lost appraisal chains and the stolen or lost evaluation positions as well as for the management of administrative criminal proceedings,

4.

institutions of the Federal Police for the purpose of the enforcement of this federal law or in criminal investigations,

5.

the Bundesanstalt für Verkehr (Federal Agency for Transport) within the framework of special examinations pursuant to § 56 or verifications on the spot in accordance with § 58,

6.

Approval points for the placency numbering circles that you manage and the stored opinions in the approval procedure for checking whether a positive opinion is available for the vehicle,

7.

the authorized bodies in accordance with § 57a on the number circles and badges assigned to them and on the stored opinions in the case of the issue of a duplicate opinion.

(6) The stored opinions shall be deleted after a period of five years, the stored appraisal price data after seven years in the database.

(7) For the correctness of the registration of the data referred to in paragraphs 2 to 4, the authority responsible for the entry shall be responsible. The award of the right of access to the database and the authorization to carry out entries has to take place on the part of the manufacturer of the badge, and that the access to the data of the database is guaranteed to be able to be taken into account. The review panel database has to perform a complete logging of all successful and attempted data queries, which can be used to identify the person who has been transferred from the review board database. This log data should be saved and deleted three years after the date of origin of this data.

(8) A search of data by the parties referred to in paragraph 5 may only be carried out with close search criteria. The query may only be possible for

1.

the provincial authorities, the authorities and the institutions of the Federal Police on the basis of complete name data (first name and family name or surname) or on the basis of registration number, chassis number or assessment reference chain number;

2.

the Federal Agency for Transport, the Admissions Office and the authorized bodies according to § 57a on the basis of the registration number, the chassis number or the expert's assessment reference number.

The parties referred to in paragraph 5 shall only use the personal data accessible to them or processed by them for the performance of the tasks assigned to them under this Federal Law.

(9) The anonymized vehicle-specific data as well as the anonymized contents of the opinions may be used for statistical purposes or for scientific investigations. "

26a. § 84 and headline reads:

" Cross-border tracking of traffic transgressions

§ 84. (1) In the case of traffic offences which are dangerous to road safety in the case of the traffic safety referred to in § 47a (3) (3) (1) to (8), the driver of a vehicle with a foreign license plate cannot be immediately identified and the vehicle's license plate , the Authority shall, by means of an automation-assisted call within the meaning of Article 4 of Directive 2011 /82/EU, enter the vehicle holder (authorisation holder) of the vehicle holder (s) of the vehicle, indicating the complete mark, by the national contact point (§ 47a) To identify the vehicle with which the traffic transgressing has been committed.

(2) Where the Authority has experience of the data of the vehicle holder (authorisation holder) through the national contact point and decides to initiate follow-up measures, it shall forward a letter of information to the latter. This information letter shall, in any event, include:

1.

the transgressing of traffic,

2.

the place, date and time of the traffic transgressing,

3.

the designation of the law which has been infringed and the sanction;

4.

where appropriate, information on the equipment used for the detection of the traffic crossing.

(3) In the case of traffic transgressions for which the authority has issued a regulation for the purpose of anonymity pursuant to Section 49a of the VStG, the information letter shall be deemed to be available on condition of anonymity, provided that the requirements of the § § 49a VStG are complied with.

(4) The authority may link the information letter in accordance with paragraph 2 with a steering committee survey in accordance with § 103 (2). In this case, the letter shall contain information on the consequences of the non-disclosure, or of an incorrect or incomplete indication of the driver.

(5) The information letter shall also be written in the language of the authorisation document, where available, or in one of the official languages of the Member State of authorisation.

(6) By regulation of the Federal Minister of Transport, Innovation and Technology, a form may be set for information letters referred to in paragraphs 2, 3 and 4.

(7) The authorities have to inform the national contact point of the follow-up to the report to be drawn up to the European Commission.

(8) The authorities of the States Parties to the Vienna Convention on Road Transport, BGBl. No 289/1982, the Geneva Convention on Road Transport, BGBl. No 222/1955, and the Paris Convention on the Transport of Motor Vehicles, BGBl. No 304/1930, if the vehicle was involved in an accident or the handlebars of that vehicle were liable to be punishable by road traffic regulations, it is necessary to provide information on request for the identification of registration holders on request. This does not apply to the traffic transgressions referred to in paragraph 1 in the case of an automated call by the national contact point of another EU Member State. "

26b. § 86 (3).

27. § 94 deleted.

28. § 99 (6) lit. a is:

" (a)

in the telecommunications and telecommunications service, as well as in the electricity, gas and water services, "

29. § 99 (6) lit. i is:

" (i)

referred to in Article 20 (1) (4) and (5), "

30. In § 99, paragraph 6, the point at the end of the lit. (n) replaced by a dash and the following lit. o appended:

" o)

which are used to secure participants in official sports events on the road. "

31. In Section 102 (8a), fourth sentence, after the word order "Class M1 or N1" the phrase "or a four-wheeled light-weight vehicle with a closed, cabin-like structure" inserted.

32. § 102 (11c) reads:

" (11c) Records shall be kept on the roadside checks carried out and the data required for reporting pursuant to Article 17 of Regulation (EC) No 561/2006 should be recorded. These records are to be collected by the public security service bodies and are automatically supported by the Federal Ministry of the Interior at least quarterly in anonymized form to the Federal Agency for Transport for the Purity of the Federal Republic of Germany. to submit the report. The control data shall be broken down as follows:

1.

Controloriality

a)

Motorway/expressway

b)

Country Road

c)

Municipal Road

2.

Number of vehicles controlled and the number of infringements observed, with distinction between freight transport or passenger transport, indicating the registered office (international distinguishing mark) of the undertaking

a)

Austria

b)

EU/EWR/Switzerland

c)

Third State

3.

Number of controlled recording equipment/tachographs by equipment at the time of inspection

a)

digital

b)

analog

4.

Number of controlled days of use within the calendar days allowed for roadside checks.

If no transgressions were found in the case of a roadside inspection, it must also be noted and, in the case of companies based in Austria, the data of the company (name and address, natural persons also the date of birth) must be recorded. and, within seven calendar days, shall be transmitted by the institutions of the Public Security Service through the Federal Ministry of the Interior of the Authority, to be taken into account in the risk classification system. "

33. § 102 (12) lit. j is:

" j)

Regulation (EEC) No 3821/85 as regards the provisions relating to the use of the recording equipment, the display sheet or the driver card (Art. 13 et seq.) or Article 10 of the European Convention on the Work of Personnel Employed in International Road Transport (AETR) with regard to the provisions relating to the use of the recording equipment, the record or the driver card, "

34. According to § 102b (6), the following paragraph 6a is inserted:

" (6a) Weiters shall be provided by the central register of recording equipment cards with information relating to driver cards from other countries by way of remote data processing on the basis of the information provided by the European Commission for the purposes of such information Information system in which the national registers of the individual Member States are united, the institutions of the Federation, the Länder and the municipalities, insofar as they need them for the performance of their legal tasks. "

35. § 103 (1) (3) (3) lit. a is:

" (a)

the required steering authority and the required minimum age or certificate of qualification for the successful completion of the final examination of the teaching profession professional driver or the required driver qualification certificate (Code 95); "

36. According to § 103b the following § 103c with headline is inserted:

" Risk classification system

§ 103c. (1) All undertakings which use vehicles falling within the scope of Regulation (EC) No 561/2006 shall be subject to a risk classification system as defined in Article 9 of Directive 2006 /22/EC. The classification shall be based on the relative number and severity of the infringements of Regulations (EC) No 561/2006 and (EEC) No 3821/85 or against the AETR, which have been committed by the individual undertakings.

(2) Companies with a high risk rating shall be examined more closely and more frequently.

(3) For the administration of the risk classification system, the authorities shall use the application provided for this purpose in the traffic management register in accordance with § 24a Freight Transport Act, § 18a Occasional Transport Act and § 4a Kraftfahrliner Act.

(4) The risk classification shall be automatically based on a pre-determined calculation algorithm on the basis of the legally binding punishments and received notifications of controls which have not led to any complaint. The following criteria are relevant for the risk classification:

1.

Number of violations

2.

Serious infringements

3.

Number of checks

4.

time factor,

where the consideration has been for the last three years. Changes and workings of criminal penalties within three years shall be taken into account in the risk classification system. The seriousness of the infringements is governed by Section 134 (1b) of Directive 2006 /22/EC (Annex III to Directive 2006 /22/EC). By regulation of the Federal Minister of Transport, Innovation and Technology, the closer details can be determined with regard to the calculation algorithm and with regard to the classification, when a low and when high risk classification is present. .

(5) For the purposes of risk classification, the Authority, which shall adopt a criminal order for infringement of Regulations (EC) No 561/2006 or (EEC) No 3821/85 or AETR, shall, in accordance with the legal force of the authorities, adopt such a breach in the Register of traffic company registers with the data of this company. In so doing, the first name and the family or last name and the date of birth of the handlebar who committed the breach shall also be recorded. Companies which are not included in the transport company register shall be reinvested in the part of the traffic management register provided for this purpose. It is

1.

in the case of natural persons, the first name and the family or surname and the date of birth, in the case of legal persons and partnerships of the company law, the company and the address of the company in each case, and

2.

the company's book number if available

shall be recorded. For the collection of such data, the Authority may access and use the data stored in the Business Register. If police reports on checks which have not led to any complaint (§ 102 (11c) last sentence) cannot be automatically assigned to a company, the allocation shall be from the authority in whose sprint control the control is has taken place.

(6) The work inspection may be included in the data stored in accordance with paragraph 5 for the purpose of prosecution of violations in the sense of the criminal provisions of the Arbeitszeitgesetz (AZG) or the Labour Law Act (ARG).

(7) The risk classification of a company may be carried out by the authorities, for the purposes of the implementation of the risk classification system and the work inspection, directly in the risk classification system of the Transport Business Register, on the basis of the name and address of the Enterprise is queried. On request, companies will also receive information about their respective risk classification. "

37. In accordance with § 106 (10), the following paragraph 10a is inserted:

" (10a) With double-decker trolleybuses and double-decker omnibus trailers without a fully closed roof, persons on the upper passenger deck may only be transported if the local competent regional governor, on request, has an authorization to do so. . This authorisation shall specify which road trains and under which additional conditions, and in particular the presence of suitable supervisors, passenger transport may be carried out. "

38. § 106 (11) reads:

" (11) The carriage of persons on a loading area or cargo shall be permitted only with:

1.

Motor vehicles having a design speed of not more than 40 km/h or trailers drawn with such motor vehicles, or

2.

with motor vehicles on stand surfaces specially designed for this purpose, or

3.

with motor vehicles or trailers used in the field of road service on the loading area or on working platforms specially designed for this purpose,

if a speed of 40 km/h is not exceeded, and if the persons transported can safely stop on the vehicle or on the load, not over the maximum length and width and the maximum limit laid down in section 4 (6) (1) (1) of the maximum height of vehicles and the cargo is not put at risk, and if the cargo is attached to the vehicle accordingly. With tractors, children under 12 years of age may only be transported on seats for passengers (§ 26 para. 3) if they have completed the fifth year of life and if these seats are within a closed cab. "

39. § 107 (1) reads:

" (1) The provisions on the highest permissible driving speed (§ 98) shall not apply to journeys to places of urgent use or in the context of the adjustment by the judicial system of vehicles referred to in § 20 (1) Z 4 or (5). if blue light is emitted with the headlamps or warning lights referred to in Article 20 (1) (4) and (5). "

40. § 108 (1) reads:

" (1) The training of applicants for a steering authority and the training of holders of a steering entitlement by means of deepening already acquired knowledge is without prejudice to § § 2 (1) Z 5 lit. c, 4 para. 9 first sentence and 18 FSG and § § 119 to 122a only permitted in the context of the operation of a driving school. "

41. In § 108 (3) the word order is deleted "and subclasses" .

42. In Section 109 (1) (f), (g) and (j), § 115 (2), § 116 (1) and (4) and § 118 (2), the word sequence shall be deleted. "or subclasses" . In § 109 para. 1 lit. g deleted the word sequence "or subclass" .

43. § 109 para. 5 reads:

" (5) The district administrative authority has, in the course of the examination of the personal conditions referred to in paragraph 1, lit. e to h also the qualifications acquired in another Member State or in another EEA State Party, within the meaning of Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. OJ L 255, 30.9.2005, p. 22, as last amended by Regulation (EU) No 213/2011, OJ L 327, 30.12.2011, p. No. OJ L 59, 4.3.2011, p. 4, and to assess whether and to what extent these comply with national requirements. It shall have to decide within four months. "

44. In § 109 (8), first sentence, the expression "92/51/EEC" replaced by "2005/36/EC, as last amended by Regulation (EU) No 213/2011," .

45. § 110 reads:

" (1) The driving licence (Section 108 (3)) may only be granted if the rooms required for the theoretical and practical training of driving pupils, a suitable practice area and the means for teachers, teaching staff and school vehicles are guaranteed.

(2) Regulation may, in accordance with the requirements of transport and operational safety and the training of motor vehicle drivers, take account of the state of the art in accordance with the provisions on the number of teachers required; and on the nature, number, scope, nature and equipment of the spaces required, the training place, the teaching staff and the school vehicles. "

46. § 112 (4) reads:

" (4) Changes in the school premises or the training place of an approved driving school operation shall be admissible only with the consent of the district administrative authority; shall not be subject to the request for consent within three weeks of the date of its introduction. , the owner of the driving licence may provisionally make the proposed change. Changes in school vehicles shall be notified to the District Administrative Authority, which shall be followed by a copy of the certificate of admission. Such ads shall not be subject to stamp duty. "

47. § 112 (5) deleted.

48. § 113 (1) the following sentence is added:

"If an instructor is appointed, he/she shall have the same administrative criminal responsibility as the driving school owner."

49. § 114 (6a) reads:

" (6a) The training required with a view to the granting of training trips (§ 122 (2)) must be announced at regular intervals, at least once every quarter, in a usual manner and must be carried out for any applicant. "

Section 114 (7) reads as follows:

" (7) The District Administrative Authority shall monitor the performance of the driving school and the proper state of its premises, teaching staff, exercise boards and school vehicles and may at any time check whether the driving school owner or the driving school manager Conditions for the granting of the driving licence and in the case of the teachers and teachers of the driving school are the conditions for the granting of the driving school teacher or driving instructor's authority. The driving school owner or the driving instructor shall ensure that, in their absence, a person present at the driving school shall enable the authorities of the district administration authority responsible for the inspection of the driving school to visit, accompany them at their request, provide the necessary information, and provide access to documents. The District Administrative Authority shall have the power to prepare any copies, copies or extracts of documents which are to be checked in the course of the inspection of the driving school or to be transmitted by the driving school owner or the driving instructor. It can arrange for certain notices to be found in the school premises. It can also make arrangements to correct defects. The orders of the District Administrative Authority shall be in accordance with the requirements immediately. "

51. In § 116 (1) and § 117 (1), the term of the word shall be deleted. "or subclass C1" .

Section 116 (3) reads as follows:

" (3) Before the granting of the driving school teacher's entitlement (para. 1) the district administrative authority shall obtain an opinion from a legal expert and a technical expert appointed in accordance with Section 127 (2) and (3) of the opinion on whether the applicant has the teaching qualification for the classes of Vehicles. This expert opinion is to be reimbursed on the basis of the teaching qualification examination (§ 118). It has only to say whether or not the expert has the teaching qualification for driving school teachers for the categories of vehicles to be considered. If the examination has not been passed, it may be repeated after one month. In the course of the same procedure, the examination may not be repeated more than four times. The expert opinion shall be jointly reimbursed by both experts and shall only be "technically competent" if both experts are of this opinion. In the event of rejection or withdrawal of the application for the granting of the right to teach the driving school because of a lack of teaching qualification, a new application may not be made before the expiry of two years. "

53. In § 116 (6a), first sentence, the word "pay" .

Section 118 (4) reads as follows:

" (4) After the examination, the examiners shall disclose to the examining advertiser whether he has passed the examination. If he has not passed the examination, the examiners shall be notified of the reasons for this. If the theoretical test or its written or oral part has been passed, the theoretical test or the part already passed may no longer be taken in the course of repetition within six months. "

55. § 120 (5) Z 1 reads:

" 1.

the fire brigade in provincial fire brigade schools, with the training for fire brigade vehicles with a maximum authorised mass of up to 5 500 kg also being able to be carried out directly by the fire brigade outside the State Fire Fighting Schools, "

56. § 122 reads:

" (1) An applicant for a steering authority for motor vehicles may only carry out training trips on roads with public transport accompanied by an owner of a steering authority for the relevant class, if he is responsible for the authorisation of the authority. . The application for the approval of training trips is to be submitted to the driving school attended by the applicant for a steering authority and to be recorded in the driving licence register by the driving school. The application shall be made by the authority in the course of which the driving school visited by the applicant is situated in the latter's sprinkles. The application shall be accompanied by one or two accompanying persons. They are not allowed to accept any remuneration for their activities.

(2) The authorization provided for in paragraph 1 shall be granted where the following conditions are met:

1.

the applicant must have a steering authority

a)

have reached the required minimum age (§ 6 FSG) or reach the minimum required in six months at the latest,

b)

be reliable (§ 7 FSG),

c)

for the steering of motor vehicles of the category in question (§ 8 FSG); and

d)

demonstrate that, in the course of the operation of a driving school, it has completed the theoretical training, the theoretical instruction together with a companion, and the practical pre-training and primary training;

2.

the companion

a)

have been granted steering authority for the class in question for at least seven years,

b)

During the three years immediately preceding the application of the application for the authorization, motor vehicles of the class concerned must have been directed,

c)

shall be in a special close-up relationship to the applicant and

d)

shall be allowed within the b) have not been punished because of any of the offences referred to in Section 7 (3) of the FSG and may not have two preliminary notes to be taken into account within the meaning of Section 30a (2) of the FSG.

(3) The authorisation may be granted to an applicant for a steering authority only once and for no more than 18 months. The accompanying person or companions shall be named in the declaration of consent. The authorization shall, in so far as this is necessary on the basis of the surveys or because of the nature of the steering authority sought, in accordance with the requirements of road safety, subject to the relevant conditions or time, local or factual To grant restrictions on validity. The granting of the authorization to carry out exercise trips to candidates who have been deprived of the steering authority shall be inadmissible during the period of withdrawal.

(4) Owners of a steering authority issued in a non-EEA state who are not allowed to make use of this authority in Austria and are subject to the procedure in accordance with Section 23 (3) of the FSG shall, upon request, be granted a permit to carry out exercise trips to prepare for the practical driving test for no more than six months. The application may be submitted to any authority. For such permits, paragraph 5 shall not apply and para. 2 Z 1 lit. d is to be applied with the proviso that only the theoretical instruction is to be demonstrated together with the companion.

(5) After the granting of the authorization, the applicant has to carry out the practical main training in the form of exercise trips with the accompanying person. A travel protocol is to be carried out via these training trips. After at least 1 000 kilometres travelled, a journey of observation within the framework of a driving school is to be carried out together with the accompanying person and the training of perfection in a driving school is to be completed. The Regulation shall specify the scope and content of the training parts to be completed in the driving school. The travel protocol must be submitted together with proof of completion of the training required in each case in accordance with § 10 paragraph 2 FSG of the Authority.

(6) The applicant for a steering authority has to comply with conditions or restrictions issued in the notification of consent and has on practice trips the notification of consent and an official photo ID to accompany his driver's licence and to hand over to the public security service and the supervisory authorities at the request of the inspection. The companion has the one in § 114 paragraph 4 Z 1 to 5 lit. a listed obligations. When performing exercise trips, both the applicant for a steering authority and the companion of the alcohol content of the blood must not exceed 0,1 g/l (0.1 per mille) or the alcohol content of the respiratory air not more than 0.05 mg/l.

(7) The companion shall ensure that, in the case of exercise drives at the front and at the rear of the vehicle, a panel with the letter "L" in a fully visible and easily legible and indelible white writing on a light blue ground, as well as a panel with the fully visible and permanently legible and indelible inscription "Exercise ride" is attached.

(8) The authorization as set out in paragraph 1 shall expire by time lapse. The authorisation shall be withdrawn if:

1.

the conditions for granting them are no longer met,

2.

the restrictions or conditions imposed on them are not complied with,

3.

the vehicle used for the training trips is not marked by road safety or safety or is repeatedly not marked in accordance with paragraph 7,

4.

in the case of the application of a practice drive by the applicants for a steering authority, the letter of approval or the official photo ID or the companion does not carry his driving licence repeatedly,

5.

in the case of the carrying out of training trips with the applicant for a steering authority or the alcohol content of the blood, more than 0.1 g/l (0.1 per mille) or the alcohol content of the respiratory air is more than 0.05 mg/l.

In the event of withdrawal of the authorization, the notification of consent shall be delivered without delay to the authority. "

57. According to Article 123 (1a), the following paragraph 1b is inserted:

"(1b) The competent authority may lodge an appeal against the proceedings of the independent administrative senate on grounds of illegality to the Administrative Court."

58. The following paragraph 29 is added to § 132:

" (29) In view of the changes made by the Federal Law BGBl. I n ° 43/2013 the following transitional arrangements shall apply:

1.

§ 2 Para. 1 Z 15b in the version of the Federal Law BGBl. No 43/2013 shall not apply to light-weight motorcycles which have already been approved before the entry into force of this provision, but which must comply with the previous rules;

2.

invalidity vehicles already approved or approved may continue to be used and shall be subject to the provisions previously applicable to them; such vehicles shall not be newly approved or approved;

3.

§ 14. 6c and § 16 (6) do not apply to vehicles which have already been approved before the entry into force of these provisions, but they must comply with the previous regulations;

4.

Section 16 (5) in the version of the Federal Law BGBl. No 43/2013 does not apply to vehicles which have already been approved before 1 March 2013, but they must comply with the previous rules;

5.

In the vacancies authorized to issue or affix the review chains, existing peer review chains that are not yet distributed and recorded in the database may still be issued until 31 December 2014; from 1. In any case, January 2015 shall be submitted to the expert opinions in accordance with § 57a to the database of appraisal chains;

6.

Section 116 (3) in the version of the Federal Law BGBl. I No 43/2013 shall also apply to pending procedures which have not yet been completed by communication;

7.

Section 116 (6a) in the version of the Federal Law BGBl. I No 43/2013 does not apply to free-of-charge training which has been started before 1 March 2013; persons who have completed such training may continue to attend the Teaching Qualification Examination by 30 September 2013;

8.

before 1 March 2013, exercise licences pursuant to § 122 shall continue to be valid; on request, the period of validity shall be extended to 18 months; applications for the granting of an authorization to carry out exercise trips in accordance with § 122, which shall be issued before the 1 March 2013 shall be completed in accordance with the legal situation in force up to that date;

9.

Section 123 (1b) in the version of the Federal Law BGBl. I No 43/2013 shall not apply to proceedings in which the decision of the independent administrative council has been taken before 1 March 2013. '

(59) The following paragraph 7 is added to § 134.

"(7) If a tampering is detected on a recording equipment, the manipulation facilities shall be declared forfeit."

60. The following paragraph 25 is added to § 135:

" (25) The changes made by the Federal Law BGBl. I No 43/2013 shall enter into force as follows:

1.

§ 16 (5), § 41 (3), § 102b (6a), § 116 (6a), § 122 and § 123 (1b) of the Federal Law Gazette of the Federal Republic of Germany (BGBl). I No 43/2013, 1 March 2013,

2.

§ 37 para. 2 lit. h and § 57c respectively in the version of the Federal Law BGBl. I n ° 43/2013 with 1. October 2014,

3.

§ 102 (11c) and § 103c, respectively, as amended by the Federal Law BGBl. I n ° 43/2013 at the same time as Article 24a of the German Act on the Promotion of Goods, Section 18a of the Occasional Transport Act and Section 4a of the Law on Road Transport of Power

4.

§ 47a, § 84 and § 136 (3b) in the version of the Federal Law BGBl. I No 43/2013 of 7 November 2013; at the same time, Section 86 (3) repeals.

Regulations on the basis of this federal law (BGBl. I No 43/2013) may already be adopted by the day following its presentation. However, they may not enter into force at the earliest with the entry into force of this federal law. "

61. § 136 para. 1 lit. h is:

" h)

§ 48 (1), second sentence, section 54 (4) and section 102 (11c) with the Federal Minister for Home Affairs; "

62. In § 136, paragraph 3b, after the reference "§ 47 (4)" the phrase "and § 47a" inserted.

Article 2

Amendment to the driving licence act (15. FSG novella)

The driving licence law (FSG), BGBl. I n ° 120/1997, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In § 2 para. 1 Z 4 lit. b and § 2 para. 1 Z 5 lit. b eliminates the word sequence "with an output of more than 15 kW" .

1a. In § 2 (4) (4) (4) the word "Motorcycles" by the word "motorcycles" replaced.

The following sentence shall be added to Section 5 (6):

"The provisions of Section 18a (1) to (3) of the last sentence shall remain unaffected."

2. In § 7 (8), second sentence, after the word "has" the phrase "-except for the AM steering role-" inserted.

3. In § 12 paragraph 2 Z 2 the reference "(Section 19 (3) of the FSG)" replaced by the reference "(§ 19 FSG)" .

The first sentence of Article 13 (1) reads as follows:

" With the successful completion of the practical driving test, the steering authority shall apply without prejudice to the provisions of paragraph 7, section 18 (2), fifth sentence, § 18a (1) and (2), respectively, last sentence and § 20 (1) last sentence under the terms of § § 5 (5) shall be deemed to have been granted in each case, restrictions or conditions. "

4. In § 13 (6), third sentence, the word order shall be "in a non-EEA state (§ 15 para. 1 second sentence FSG)" replaced by the phrase "not in Austria" .

4a. The following paragraph 2 is inserted in § 14:

"(2) The provisions of paragraph 1 shall include handlebars of tractors, motor carts and self-proponent working machines on journeys within a radius of no more than 10 km from the permanent location of the vehicle."

4b. In § 15 (3), second sentence, the word order is deleted "with the appropriate classes" .

5. In § 16 para. 2, first and second sentences, shall be given in each case by the word "Driving schools," the phrase "associations of motor vehicle owners, provided that they are represented in the Motor Vehicle Board," inserted.

6. In the fourth sentence of § 16 (2), § 16b (1), (2), (3) and (4), § 17 (2) (2) (2) to (5) and § 17 (2) of the last sentence, the terms of reference shall be followed in the case of the references to § 16a, before the numbers are assigned. " 1 " inserted.

7. § 16a (1) Z 6 reads:

" 6.

the relevant information concerning an authorization to carry out training trips (§ 19) and for the execution of training trips (§ 122 para. 2 KFG 1967) and the date of termination of this activity; "

8. In § 16a (1) the following Z 13a is inserted:

" 13a.

Data of the associations of motor vehicle owners referred to in § 16 (2) which have their registered office in the local area of operation of the Authority:

a)

the names of the individual training bodies and the names of the respective head,

b)

the address of the training centres,

c)

the names and first names of the members of the staff of the association who are entitled to access the data of the register of driving licences, "

9. In § 16b (1), first sentence, the word order shall be "and g to j" replaced by the phrase " , g to k and Z 3 lit. a to e and l to n " .

10. In § 16b (1) third sentence, the following Z 4 is added:

" 4.

§ 16a (1) (6), insofar as it concerns the application for the granting of the approval of training trips (§ 122 KFG 1967) and training trips (§ 19). "

(11) The following paragraph 1a is inserted in § 16b:

" (1a) The association of motor vehicle owners, provided that it is represented in the power supply council, may-as far as is necessary for the granting of the steering authority for the class AM-to the in § 16a paragraph 1 Z 1 lit. a to i, l, m and Z 2 lit. a, b, c (as far as the result of the traffic reliability test is concerned), e (as far as the result of the investigation is concerned), f (but not the reason for the freezing, restriction or circulation), g, h and Z 3 lit. a to e and l to n refer to the data. The association has to collect the following data electronically and, by means of the remote data transmission, to transmit the following data to the driving licence register:

1.

§ 16a (1) (1) (1) a to i, l and m,

2.

§ 16a (1) (2) (a), (b) and (h) in so far as it relates to the steering authority for the AM class,

3.

§ 16a (1) Z 3 lit. m and n.

The association has a request to carry out a request to the Central Register of Melting. This is exempt from fees. "

12. In § 16b (2) the following Z 3a is inserted:

" 3a.

§ 16a (1) Z 4 lit. h insofar as it concerns the arrangement of the special measures referred to in § 30b, "

13. In § 16b (2), the Z 6 and the Z 5 are deleted:

" 5.

§ 16a (1) (8). "

14. The following Z 3a is inserted in Section 16b (3):

" 3a.

§ 16a (1) (6), insofar as it relates to the requirements of the application and the result of the procedure for the granting of an authorization of practice trips (§ 122 KFG 1967) and training trips (§ 19); the data to be submitted by the driving school in accordance with paragraph 1 Z 4 may also be registered by the Authority, "

15. In § 18 (1), the last two sentences are deleted.

16. § 18 (2) reads:

" (2) The existence of the conditions for the granting of a steering authority for category AM shall be checked by the driving schools or associations of motor vehicle owners, if they are represented in the Motor Vehicle Board, and in the driving licence register shall be entered. The identity of the candidate must also be identified on the basis of a passport or identity card, and the passport or ID number must be entered in the register of driving licences. Proof of identity based on other documents can only be made with the authority. As soon as the conditions set out in paragraph 1 are met, a preliminary driving licence shall be issued by the driving school or the association. By way of derogation from § 13 (1), first sentence, the issuing of this provisional driving licence shall be subject to the steering authority for the AM class as granted. § 5 (1) and (3) apply to the procedure for issuing the steering authority for the AM class in the case of the clubs of motor vehicle owners. If the conditions set out in § 15 (2) are met or if the voluntary exchange of a Moped ID in a category AM driving licence is requested (duplicate), the relevant application shall be submitted to the Authority. The driving licence for the AM class has the same level of authorization as the Moped card. With the issue of the driving licence for the AM class, the Moped card shall lose its validity and, if it is possible to do so, it shall be delivered to the Authority. "

16a. In § 18a (1) the following sentences are added:

" If the practical training is completed in accordance with Z 2, the provisional driving licence shall be issued by the authority. By way of derogation from § 13 (1), first sentence, the issuing of this provisional driving licence shall be subject to the steering authority for category A2 as granted. In order to obtain a steering authority for category A2 under the provisions of this paragraph, a medical opinion shall be required without prejudice to the provisions of section 24 (4) only if the application for completion of the 30. The latest medical opinion at the time of the decision is older than 18 months. "

16b. In § 18a (2) the following sentences are added:

" If the practical training is completed in accordance with Z 2, the provisional driving licence shall be issued by the authority. By way of derogation from Section 13 (1), first sentence, the issuing of this provisional driving licence shall be subject to the granting of the steering authority for category A. In order to obtain a steering authority for category A in accordance with the provisions of this paragraph, a medical opinion shall be required, without prejudice to the provisions of section 24 (4), only if the application for completion of the 30. The latest medical opinion at the time of the decision is older than 18 months. "

16c. In Article 18a (3), the following sentence is added:

" In such a case, a medical opinion shall be required without prejudice to the provisions of section 24 (4) only if the application for completion of the 30. The latest medical opinion at the time of the decision is older than 18 months. "

17. § 19 reads:

" (1) An applicant for a steering authority for category B applies for the training variant of the advanced steering authority for category B, so that he can train the driving school with training trips at the earliest six months after the completion of the 15. Start your life year.

(2) § 122 (1) to (3), (6) and (8) of the KFG (1967) apply to the granting of the granting of training trips and the performance of the training trips, whereby § 122 (2) (2) (1) (lit). d KFG 1967 is to be applied with the proviso that the content and scope of the theoretical and practical training prescribed in accordance with paragraph 4 (2) (2) of the Regulation must be completed. If the applicant is still a minor and if not at least one of the companions is also the applicant's legal guardian, the driving school shall be required to submit a declaration of consent of the parent. Training cruises may only be carried out under the supervision of a companion. A travel protocol must be carried out in the course of carrying out the training trips. The companion has to ensure that the vehicle is marked accordingly when carrying out training trips. If the steering authority for class B is completed before completion of the 18. In any case, the trial period (§ 4) lasts until the completion of the 20. Life Year.

(3) In the course of the training for the advanced steering authority for class B, training trips to the extent of at least 3 000 kilometres shall be completed. After 1 000 kilometres travelled, the applicant and the person or a companion have to attend an accompanying training course, which includes a training course, in the driving school. After 3 000 kilometres of road, the applicant has to attend a training course in the driving school. The training trips of 1 000 kilometres are to be completed as evenly as possible over a period of at least two weeks. A confirmation from the driving school is to be issued to the applicant about the completion of the accompanying training. After completion of the entire prescribed training, but at the earliest with the completion of the 17. The applicant shall be admitted to the practical driving test if the driving school confirms the completion of the prescribed training.

(4) The Federal Minister for Transport, Innovation and Technology has set out more detailed provisions on the following provisions:

1.

the form of the application for the early class B steering authority and the training trips, as well as the evidence required for that purpose,

2.

the theoretical and practical training requirements for the approval of training trips,

3.

the shape of the identification of the vehicles used for the training journeys;

4.

the travel protocol and the training certificate,

5.

the content and scope of the accompanying training and training in accordance with paragraph 3, as well as the special training requirements for driving instructors who carry out an accompanying training course. "

18. § 30a (2) Z 2 reads:

" 2.

Transgressions of Section 20 (4);

19. § 30a (2) (3) deleted.

20. § 30a (2) Z 11 reads as follows:

" 11.

Transgressions of the 96 (1) (5) and (6) and § 99 (1) (1) (1) to (5) of the Railway Cross Ordinance 2012, BGBl. II No 216/2012; "

21. In § 34b, the following paragraph 4a is inserted:

" (4a) Persons who have been the holder of a driving school teacher's entitlement for at least five years and have been employed at least as a driving instructor during that period shall be subject to the conditions laid down in Section 1 (4) and (2) (2) (3) respectively with regard to the Training is free and can be ordered as a driving examiner for those classes on which his or her driving school teacher's entitlement extends. In addition, holders of a driving school teacher who does not comply with the requirement laid down in paragraph 1 Z 5 may be appointed as a driving examiner if they are at least a total of ten years as a driving instructor or at least a total of five years as a driving instructor. Driving school teachers were active. "

21a. In § 40 (3), first sentence, the word order shall be "Class A precursor" replaced by the phrase "Class A1" .

(22) The following paragraph 11 is added to § 41:

" (11) Bewilligations for the implementation of training trips issued before 1 March 2013 shall remain valid. Applications for the granting of a licence pursuant to § 19, which were submitted before 1 March, shall be completed in accordance with the legal situation in force until that date. "

23. The following paragraph 21 is added to § 43:

" (21) § 19 in the version of the Federal Law BGBl. I No 43/2013 will enter into force on 1 March 2013. "

Fischer

Faymann